Site Search Navigation

Site Navigation

Site Mobile Navigation

Members of Congress Ask for Review of Dropped Espionage Case

By Nicole Perlroth May 21, 2015 12:55 pmMay 21, 2015 12:55 pm

Photo

Sherry Chen, a hydrologist, worked for the National Weather Service in Wilmington, Ohio.Credit Maddie McGarvey for The New York Times

Twenty-two members of Congress have asked Attorney General Loretta E. Lynch to determine whether race played a factor in espionage-related charges brought against a Chinese-American hydrologist and are asking her to investigate whether there is a practice of targeting federal employees based on their race or national origin.

Representative Ted W. Lieu, a Democrat of California, said in an interview Tuesday that he was concerned that the investigation of Sherry Chen, a 59-year-old National Weather Service employee who was targeted in a high-profile espionage case that was dropped shortly before a trial was set to begin, may be indicative of a broader racial profiling campaign against Asian-Americans.

“There’s been a history of discrimination against Asian Pacific Americans, and the recurrent theme is one of suspicion,” Mr. Lieu said. “We now have Sherry Chen’s case, and I want to make sure our federal government does not discriminate against any Americans, especially federal employees.”

In a letter to Ms. Lynch, Mr. Lieu and 21 members of Congress said they were responding to a recent article in The New York Times that reported federal agents investigated Mrs. Chen as a possible Chinese spy, found no evidence, but still arrested her for lesser charges that could have led to 25 years in prison and $1 million in fines.

The government dropped its charges, without explanation, in March. Mrs. Chen was initially suspended without pay, but her benefits and pay have been restored. She is still awaiting a decision from the Commerce Department, which oversees the weather service, on whether it plans to reinstate her.

Mrs. Chen has said in interviews that she would like her job back. She has not been back to her Wilmington, Ohio, office since the day she was escorted away in handcuffs by six F.B.I. agents.

Representatives from the Commerce Department did not respond to requests for an update of her employment status.

Mr. Lieu, as well as members of Asian-American rights groups, are asking for Mrs. Chen’s reinstatement, including five months’ back pay and a public apology.

“We are all in favor of catching the bad guys when the bad guys do something bad, but we are seriously concerned that the F.B.I. and company are jumping to conclusions, not based on any evidence, but on racial profiling,” said George Koo, a member of the Committee of 100, a Chinese-American advocacy group formed in 1990 to promote relations between the United States and China.

“Whenever the relationship is poor, Chinese-Americans suddenly become suspected spies for China,” Mr. Koo said in an interview. “Sherry Chen is just the latest example.”

In the letter to Ms. Lynch, Mr. Lieu and other members of Congress, including California Democrats Barbara Lee, Michael M. Honda, Judy Chu and Mark Takano, said they were particularly concerned that a government insider-threat program, introduced in response to leaks by Edward J. Snowden in 2013, might have led to spurious investigations.

Mr. Lieu noted that it was a government employee who first reported Mrs. Chen. “Federal employees are trained that naturalized citizens are more suspicious and that people who speak a foreign language at home are more suspicious,” he added. “Well that would also apply to me, and I find it offensive.”

The Justice Department has been under significant pressure for the last two years, following reports of Chinese cyberattacks, to investigate and prosecute cases under the Economic Espionage Act. In 2013, the White House introduced a five-part strategy to tackle trade secret theft, a cornerstone of which was more investigations and prosecutions.

Mr. Koo of the Committee of 100 said Asian-American groups hoped to help Mrs. Chen get her job back.

A version of this article appears in print on 05/22/2015, on page B2 of the NewYork edition with the headline: 22 Lawmakers Ask if Race Played Role in Espionage Case .